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Dealership Apologizes for Having customer arrested

Man buys blue Chevrolet Traverse at Priority Chevrolet, takes
it back and trades it for the same car, a black Traverse with more equipment. The dealership
fails to pick up on the price difference. The contract is finalized and signed, reflecting the
lower price of the original blue car.

Next.. the dealership then realizes its mistake and has the customer arrested for theft.

Police realize there is no case and drop the charges. Customer sues. Dealership apologizes.

More to follow.

According to the lawsuits, Sawyer test-drove a blue Chevrolet Traverse on May 7 but ultimately decided to buy a black one. He traded in his 2008 Saturn Vue, signed a promissory note and left in his new SUV.

The next morning, Sawyer returned and asked to exchange the black Traverse for the blue one.

The lawsuit claims Wib Davenport, a sales manager, agreed to the trade without discussing how much more the blue Traverse would cost. (Dealership vice president, Stacy) Cummings disputed that, saying Davenport told Sawyer it would cost about $5,500 more than the black one and that Sawyer orally agreed to the higher price.

Regardless, the final contract Sawyer signed did not reflect the higher price, which Cummings said should have been in the area of $39,000. He blamed a clerical error.

"We definitely made a mistake there. There is no doubt about it," said (Dealership owner, Dennis) Ellmer.

After signing the contract - which listed a sale price of about $34,000 - Sawyer immediately left the dealership and returned with a cashier's check covering what he owed after dealer incentives and his trade-in.

A week later, Sawyer came back from a vacation to find numerous voicemails and a letter from the dealership, the suit said. In a phone conversation, Davenport explained they had made a mistake on the contract and sold the car for too little. He asked Sawyer to return to the dealership and sign a new contract.

The lawsuit claims Sawyer refused. Cummings said Sawyer initially agreed but never followed through.

When Sawyer did not return to the dealership, Priority staff continued their attempts to contact him via phone, text message and hand-delivered letters. They eventually contacted police.

On June 15, three Chesapeake police officers arrested Sawyer in his front yard and took him before a magistrate judge. He was released on bond after about four hours at the Chesapeake jail, the suit said.

Commonwealth's Attorney Nancy Parr said her office dropped all charges Aug. 23 after speaking with representatives of the dealership and determining there was insufficient evidence to pursue the case.

In an interview Tuesday, Ellmer and Cummings said their staff never reported the SUV stolen and never asked for Sawyer to be arrested. They said they called police only for help locating the SUV while they pursued the civil action.

After speaking with police Wednesday, however, Ellmer said he'd learned one of his managers, Brad Anderson, had indeed said the SUV was stolen.

Kelly O'Sullivan, a spokeswoman for the Chesapeake Police Department, said the officer told Anderson in advance he was going to secure a warrant for Sawyer's arrest.

That's hilarious, you go in and ask for new a new contract, they tell you to go **** yourself, they **** up on your behalf and they say you stole their vehicle, priceless...

I have no idea why people hate buying cars, or dealing with sales people.

Last edited by Vanilla_Coke; 09-28-2012 at 07:48 AM.

Originally Posted by Subwoofers

You must be a professional troll in real life.

Originally Posted by Crob

I'm more amused by the scientific formulas people bring up to justify why a BRZ lost to a Megane. Like really? All that college education you paid for and a BRZ is that important to you to go into some asinine explanation about how it's still a good track car?

My question is, on what evidence and grounds did the police have to arrest this individual? Personally, I would work through this with the dealership just because it is the right thing to do morally, despite the fact he's probably not legally obligated. I would be less inclined to help though after they dealership got the police involved.

My question is, on what evidence and grounds did the police have to arrest this individual? Personally, I would work through this with the dealership just because it is the right thing to do morally, despite the fact he's probably not legally obligated. I would be less inclined to help though after they dealership got the police involved.

I'm curious about this as well. I'd push the police to file charges against the dealership for filing a false police report.

In an interview Tuesday, Ellmer and Cummings said their staff never reported the SUV stolen and never asked for Sawyer to be arrested. They said they called police only for help locating the SUV while they pursued the civil action.

After speaking with police Wednesday, however, Ellmer said he'd learned one of his managers, Brad Anderson, had indeed said the SUV was stolen.

Is 'Making False Statements to Police' a crime in Virginia?

Dealerships love to play the numbers game, it is fitting that the ineptitude of several employees (if they had actually been checking the contract before getting the customer to sign someone would have caught the mistake) cost them thousands.

even if they "apologized" I'd proceed with my lawsuit against them. ruthlessly.

Agreed, they had you arrested in your own front yard in front of your neighbors and family. They can apologize all they want, but it still doesn't change the fact that you were arrested and held for 4 hours.

My question is, on what evidence and grounds did the police have to arrest this individual? Personally, I would work through this with the dealership just because it is the right thing to do morally, despite the fact he's probably not legally obligated. I would be less inclined to help though after they dealership got the police involved.

As was shown by the robo-foreclosures,.the police assume a business has already done due diligence before calling the police for assistance, so if the accused claims.false arrest they just assume they are lying (because most criminals initially claim innocence). But obviously that is not the case anymore.

And somebody mentioned filing a false police report.
I doubt the buyer.cares about criminal charges against the probably now fired salesman.
Civil court ahead full speed!

"I owe it to myself, and to my choir students, to not be upset about barns."

I wouldn't care either if I had my sights set on $2M. But the DA should be proactive in charging the assclowns who thought it was okay to use the police as a shake-down.

If they had a recurring problem with businesses filing false police reports,.then I could see
DA thinking it was worth the court time to charge them.
But for one case? IDK. And then you have to prove the salesman knowingly filed a false police report.
The defense lawyer could easily cast a reasonable doubt to the charge of intentionally filing a false report with so many people involved.

"I owe it to myself, and to my choir students, to not be upset about barns."

Agreed, they had you arrested in your own front yard in front of your neighbors and family. They can apologize all they want, but it still doesn't change the fact that you were arrested and held for 4 hours.

"Swat came into my house, disrespected my family"

Originally Posted by Crob

No, but hypothetically I pissed in your mom.

Originally Posted by ToucheTurtle

One time my girlfriend said she didn't like the Acura NSX so i broke up with her....just kidding shes ****ing dead.